Applying for arbitration means that citizens, legal persons and other organizations with equal subjects refer their contract disputes and other property rights disputes to an arbitration committee selected in the arbitration agreement for arbitration according to the arbitration agreement voluntarily reached between the two parties.
1. Economic arbitration:
the parties applying for economic arbitration shall meet the following requirements: (1) there is an arbitration agreement; (2) There are specific arbitration claims, facts and reasons; (3) It falls within the scope of acceptance of the Arbitration Commission. ?
2. labor arbitration:?
Labor arbitration refers to the arbitration and adjudication of labor disputes that the parties apply for arbitration by the labor dispute arbitration committee. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court.
according to the provisions of the labor law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of the labor dispute. Unless the parties are due to force majeure or other legitimate reasons, the arbitration commission will not accept the application for arbitration beyond the time limit prescribed by law.
extended information
characteristics of arbitration:
1. voluntariness
the voluntariness of the parties is the most prominent feature of arbitration. Arbitration is based on the voluntariness of both parties, that is, whether disputes between the parties should be submitted for arbitration, to whom, how and by whom the arbitration tribunal is composed, and the trial mode and court session form of arbitration are all determined by the parties through consultation on the basis of the voluntariness of the parties. Therefore, arbitration is the best way to solve disputes that fully embodies the principle of party autonomy.
2. Professionalism
Civil and commercial disputes often involve special fields of knowledge and will encounter many complicated legal, economic and trade and related technical problems, so expert adjudication can better reflect professional authority.
Therefore, it is an important guarantee for the fairness of arbitration to have experts with certain professional level and ability as arbitrators to adjudicate disputes between the parties. According to the provisions of China Arbitration Law, all arbitration institutions have a roster of arbitrators composed of experts for the parties to choose from, and expert arbitration has thus become one of the important features of civil and commercial arbitration.
3. Confidentiality
The arbitration shall be conducted in private. The relevant arbitration laws and rules also stipulate the confidentiality obligations of arbitrators and arbitration secretaries. Therefore, the commercial secrets and trade activities of the parties will not be leaked due to arbitration activities. Arbitration shows great confidentiality.
4. Independence
Arbitration institutions are independent of administrative institutions, and there is no subordinate relationship between arbitration institutions. In the process of arbitration, the arbitral tribunal conducts arbitration independently, without interference from any organ, social group or individual, and without interference from arbitration institutions, showing the greatest independence.
Baidu encyclopedia: arbitration